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Articles 1 - 30 of 74
Full-Text Articles in Entire DC Network
Aequitas: Seeking Equilibrium In Title Ix, Raymond Trent Cromartie
Aequitas: Seeking Equilibrium In Title Ix, Raymond Trent Cromartie
Sturm College of Law: Faculty Scholarship
Over the past two decades, the scope of Title IX has expanded drastically and now includes the investigation and adjudication of sexual misconduct cases through campus tribunals. Beginning in 2011, the Obama Administration, through a “Dear Colleague Letter” and subsequent guidance, initiated this process by establishing guidelines that required schools to develop and implement policies and procedures for the handling of sexual misconduct cases. Following the publication of the Obama-era guidance, schools scrambled to ensure compliance with the federal guidance, which led to a myriad of applications by universities. Unfortunately, the fallout from the 2011 guidance was widespread litigation initiated …
Foreword: Looking Back To Move Forward: Exploring The Legacy Of U.S. Slavery, Suzette Malveaux
Foreword: Looking Back To Move Forward: Exploring The Legacy Of U.S. Slavery, Suzette Malveaux
University of Colorado Law Review
No abstract provided.
Slave Law, Race Law, Gabriel J. Chin
Slave Law, Race Law, Gabriel J. Chin
University of Colorado Law Review
No abstract provided.
Shades Of Justice: Racial Profiling Then And Now, F. Michael Higginbotham
Shades Of Justice: Racial Profiling Then And Now, F. Michael Higginbotham
University of Colorado Law Review
No abstract provided.
Blame The Victim: How Mistreatment By The State Is Used To Legitimize Police Violence, Tamara Rice Lave
Blame The Victim: How Mistreatment By The State Is Used To Legitimize Police Violence, Tamara Rice Lave
Articles
No abstract provided.
Racial Disparities In South Carolina's Juvenile Justice System: Why They Exist And How They Can Be Reduced, Grace E. Driggers
Racial Disparities In South Carolina's Juvenile Justice System: Why They Exist And How They Can Be Reduced, Grace E. Driggers
South Carolina Law Review
No abstract provided.
Post-Conviction Release And Defacto Double Jeopardy: Making The Case For Felons As A Quasi-Suspect Class Due To The Collateral Consequences Of A Felony Conviction
Florida A & M University Law Review
Felons are a prime example of a sub-class of individuals that, once convicted in a court of law, are classified, punished, stigmatized, stripped of their rights as American citizens, and discriminated against. Could this be a form of De Facto double jeopardy? While felons are not literally subjected to a second trial within the judicial system for the same offense, felons face a pseudo trial with society, as its jury, upon re-entry into society, based on the continual discrimination for crimes they have already served time for. The enactment of discriminatory laws against felons dehumanizes the individual by discarding their …
A Scapegoat Theory Of Bivens, Katherine Mims Crocker
A Scapegoat Theory Of Bivens, Katherine Mims Crocker
Faculty Publications
Some scapegoats are innocent. Some warrant blame, but not the amount they are made to bear. Either way, scapegoating can allow in-groups to sidestep social problems by casting blame onto out-groups instead of confronting such problems--and the in-groups' complicity in perpetuating them--directly.
This Essay suggests that it may be productive to view the Bivens regime's rise as countering various exercises in scapegoating and its retrenchment as constituting an exercise in scapegoating. The earlier cases can be seen as responding to social structures that have scapegoated racial, economic, and other groups through overaggressive policing, mass incarceration, and inequitable government conduct more …
Section 1983 & Qualified Immunity: Qualifying The Death Of Due Process And America's Most Vulnerable Classes Since 1871. Can It Be Fixed?, Gabrielle Pelura
Section 1983 & Qualified Immunity: Qualifying The Death Of Due Process And America's Most Vulnerable Classes Since 1871. Can It Be Fixed?, Gabrielle Pelura
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Disability Rights Past, Present And Future: A Roadmap For Disability Rights, Marcy Karin, Lara Bollinger
Disability Rights Past, Present And Future: A Roadmap For Disability Rights, Marcy Karin, Lara Bollinger
University of the District of Columbia Law Review
The Americans with Disabilities Act (“ADA”)2 “was and is all about civil rights.”3 Enacted in 1990, its goal was to prohibit discrimination based on disability across society, from employment to places of public accommodation and government services. As the byproduct of bipartisan support and significant advocacy and leadership by members and allies of the disability community, there were high hopes that the ADA would live up to its goal. Unfortunately, that reality never came to pass for many individuals with disabilities. Instead, a line of Supreme Court decisions in 1999 and 2002 imposed increasingly narrow interpretations of the law’s core …
Civil Rights Law In Living Color, Vinay Harpalani
Civil Rights Law In Living Color, Vinay Harpalani
Maryland Law Review
No abstract provided.
Panel 4: Criminal Procedure And Affirmative Action
Panel 4: Criminal Procedure And Affirmative Action
Georgia State University Law Review
Moderator: Lauren Sudeall
Panelists: Dan Epps, Gail Heriot, and Corinna Lain
The Resistance & The Stubborn But Unsurprising Persistence Of Hate And Extremism In The United States, Jeannine Bell
The Resistance & The Stubborn But Unsurprising Persistence Of Hate And Extremism In The United States, Jeannine Bell
Indiana Journal of Global Legal Studies
Though the far right has a long history in the United States, the presidential campaign and then election of Donald Trump brought the movement out of the shadows. This article will analyze the rise in White supremacist activity in the United States-from well-publicized mass actions like the White supremacist march in Charlottesville in August 2017 to individual acts of violence happening since November 2016. This article focuses on contextualizing such incidents within this contemporary period and argues that overt expressions of racism and racist violence are nothing new. The article closes with a call to strengthen the current legal remedies …
The Legacy Of Civil Rights And The Opportunity For Transactional Law Clinics, Lynnise Pantin
The Legacy Of Civil Rights And The Opportunity For Transactional Law Clinics, Lynnise Pantin
Tennessee Journal of Race, Gender, & Social Justice
At the end of the historic march from Selma to Montgomery in 1965, Reverend Dr. Martin Luther King Jr. famously paraphrased abolitionist and Unitarian minister Theodore Parker stating, “the arc of the moral universe is long, but it bends towards justice.” The implication of the phrase is that the social justice goals of the Civil Rights Movement would eventually be achieved. His prayer was that servants of justice would be rewarded in due time. In other words, that the goals of the Civil Rights Movement would be achievable at some point in the future. President Obama resurrected the phrase throughout …
Uncovering Juror Racial Bias, Christian Sundquist
Uncovering Juror Racial Bias, Christian Sundquist
Articles
The presence of bias in the courtroom has the potential to undermine public faith in the adversarial process, distort trial outcomes, and obfuscate the search for justice. In Pena-Rodriguez v. Colorado (2017), the U.S. Supreme Court held for the first time that the Sixth and Fourteenth Amendments required post-verdict judicial inquiry in criminal cases where racial bias clearly served as a “significant motivating factor” in juror decision-making. Courts will nonetheless likely struggle in interpreting what constitutes a "clear statement of racial bias" and whether such bias constituted a "significant motivating factor" in a juror's verdict. This Article will examine how …
Using The Ada's 'Integration Mandate' To Disrupt Mass Incarceration, Robert Dinerstein
Using The Ada's 'Integration Mandate' To Disrupt Mass Incarceration, Robert Dinerstein
Articles in Law Reviews & Other Academic Journals
As a result of the disability rights movement's fight for the development of community-based services, the percentage of people with intellectual and developmental disabilities (I/DD) and mental illness living in institutions has significantly decreased over the last few decades. However, in part because of government failure to invest properly in community-based services required for a successful transition from institutions, individuals with disabilities are now dramatically overrepresented in jails and prisons. The Americans with Disabilities Act's (ADA) "integration mandate" -- a principle strengthened by the Supreme Court's 1999 Olmstead v. L.C. decision, entitling individuals with disabilities to receive services in the …
Unjust Cities? Gentrification, Integration, And The Fair Housing Act, Olatunde C.A. Johnson
Unjust Cities? Gentrification, Integration, And The Fair Housing Act, Olatunde C.A. Johnson
Faculty Scholarship
What does gentrification mean for fair housing? This article considers the possibility that gentrification should be celebrated as a form of integration alongside a darker narrative that sees gentrification as necessarily unstable and leading to inequality or displacement of lower-income, predominantly of color, residents. Given evidence of both possibilities, this article considers how the Fair Housing Act might be deployed to minimize gentrification’s harms while harnessing some of the benefits that might attend integration and movement of higher-income residents to cities. Ultimately, the article urges building on the fair housing approach but employing a broader set of tools to advance …
The New Jim Crow’S Equal Protection Potential, Katherine Macfarlane
The New Jim Crow’S Equal Protection Potential, Katherine Macfarlane
William & Mary Bill of Rights Journal
In 1954, the Supreme Court’s Brown v. Board of Education opinion relied on social science research to overturn Plessy v. Ferguson’s separate but equal doctrine. Since Brown, social science research has been considered by the Court in cases involving equal protection challenges to grand jury selection, death penalty sentences, and affirmative action. In 2016, Justice Sotomayor cited an influential piece of social science research, Michelle Alexander’s The New Jim Crow: Mass Incarceration in the Age of Colorblindness, in her powerful Utah v. Strieff dissent. Sotomayor contended that the Court’s holding overlooked the unequal racial impact of suspicionless …
The Right To Public Education And The School To Prison Pipeline, Areto A. Imoukuede
The Right To Public Education And The School To Prison Pipeline, Areto A. Imoukuede
Journal Publications
The school-to-prison. pipeline is a controversial concept and a disappointing reality. It refers to the draconian disciplinary "trend of schools directly referring students to law enforcement or creating conditions under which students are more likely to become involved in the justice system-such as suspending or expelling them." Public schools are intended to primarily be institutions for public education. It is clear that serving as a pipeline to prison is not the central purpose of the public school. The purpose of public education is to provide students an opportunity to develop their capabilities and grow as individuals. Public education is intended …
Toward Civil Rights Enforcement In The Environmental Justice Context - Step One: Acknowledging The Problem, Marianne Engelman Lado
Toward Civil Rights Enforcement In The Environmental Justice Context - Step One: Acknowledging The Problem, Marianne Engelman Lado
Fordham Environmental Law Review
No abstract provided.
Toward A Critical Race Theory Of Evidence, Jasmine Gonzales Rose
Toward A Critical Race Theory Of Evidence, Jasmine Gonzales Rose
Faculty Scholarship
Scholars, judges, and lawyers have long believed that evidence rules apply equally to all persons regardless of race. This Article challenges this assumption and reveals how evidence law structurally disadvantages people of color. A critical race analysis of stand-your-ground defenses, cross-racial eyewitness misidentifications, and minority flight from racially-targeted police profiling and violence uncovers the existence of a dual-race evidentiary system. This system is reminiscent of nineteenth century race-based witness competency rules that barred people of color from testifying against white people. I deconstruct this problem and introduce the original concept of “racialized reality evidence.” This construct demonstrates how evidence of …
The Pre-Furman Juvenile Death Penalty In South Carolina: Young Black Life Was Cheap, Sheri Lynn Johnson, John H. Blume, Hannah L. Freedman
The Pre-Furman Juvenile Death Penalty In South Carolina: Young Black Life Was Cheap, Sheri Lynn Johnson, John H. Blume, Hannah L. Freedman
South Carolina Law Review
No abstract provided.
Ending Disparities And Achieving Justice For Individuals With Mental Disabilities, Robert K. Goldman, Sheila Shea
Ending Disparities And Achieving Justice For Individuals With Mental Disabilities, Robert K. Goldman, Sheila Shea
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Justice Kennedy's Big New Idea, Sandra F. Sperino
Justice Kennedy's Big New Idea, Sandra F. Sperino
Faculty Articles and Other Publications
In a 2015 case, the Supreme Court held that plaintiffs could bring disparate impact claims under the Fair Housing Act (the "FHA"). In the majority opinion, Justice Kennedy relied heavily on the text and supporting case law interpreting Title VII of the Civil Rights Act ("Title VII") and the Age Discrimination in Employment Act (the "ADEA '). Without explicitly recognizing the powerful new idea he was advocating, Justice Kennedy's majority opinion radically reconceptualized federal employment discrimination jurisprudence. This new reading of Title VII and the ADEA changes both the theoretical framing of the discrimination statutes and greatly expands their scope. …
Rationed Justice, Jennifer M. Smith
Rationed Justice, Jennifer M. Smith
Journal Publications
In the United States, "equal justice under law" is at the very forefront of our American justice system. "Equal justice" is meant to guarantee equal access to the justice system. "Equal access to the judicial process is the sin qua non of a just society." Many Americans, however, do not have any access to the justice system, never mind that of equal access. "Equal justice" has not reached the nation's indigent, or even many of our moderate-income citizens.
What We Know And Need To Know About Veteran Access To Justice, Elizabeth Chambliss
What We Know And Need To Know About Veteran Access To Justice, Elizabeth Chambliss
South Carolina Law Review
No abstract provided.
Justice And Accountability: Activist Judging In The Light Of Democratic Constitutionalism And Democratic Experimentalism, William H. Simon
Justice And Accountability: Activist Judging In The Light Of Democratic Constitutionalism And Democratic Experimentalism, William H. Simon
Faculty Scholarship
This essay examines the charge that activist judging is inconsistent with democracy in the light of two recent perspectives in legal scholarship. The perspectives – Democratic Constitutionalism and Democratic Experimentalism – suggest in convergent and complementary ways that the charge ignores or oversimplifies relevant features of both judging and democracy. In particular, the charge exaggerates the pre-emptive effect of activist judging, and it implausibly conflates democracy with electoral processes. In addition, it understands consensus as a basis for judicial legitimacy solely in terms of pre-existing agreement and ignores the contingent legitimacy that can arise from the potential for subsequent agreement.
Book Review, Angela Mae Kupenda
Book Review, Angela Mae Kupenda
Journal Articles
Racial Reckoning: Prosecuting America’s Civil Rights Murders is an exceptional work by Renee C. Romano. This review will first discuss a concern I had prior to reading her book. Discussion of this alleviated concern will be followed by brief consideration of Romano’s well selected titled, which will be followed by a discussion of what I see as major contributions of the book.
Religious Exemptions, Marriage Equality, And The Establishment Of Religion, Nancy J. Knauer
Religious Exemptions, Marriage Equality, And The Establishment Of Religion, Nancy J. Knauer
Nancy J. Knauer
The advent of nationwide marriage equality has sparked a robust debate over the extent of religious liberties and the limits of civil rights protections. As public opinion regarding LGBT individuals and the families they form has evolved, religious beliefs that once served as the basis for law and policy have been increasing marginalized. Various efforts have been made to protect religious objectors who continue to believe that marriage is only between one man and one woman. For example, all of the states that had enacted marriage equality legislation included exceptions for clergy and religious organizations to ensure that they would …
Is Guilt Dispositive? Federal Habeas After Martinez, Justin F. Marceau
Is Guilt Dispositive? Federal Habeas After Martinez, Justin F. Marceau
William & Mary Law Review
Federal habeas review of criminal convictions is not supposed to be a second opportunity to adjudge guilt. Oliver Wendell Holmes, among others, has said that the sole question on federal habeas is whether the prisoner’s constitutional rights were violated. By the early 1970s, however, scholars criticized this rights-based view of habeas and sounded the alarm that postconviction review had become too far removed from questions of innocence. Most famously, in 1970 Judge Friendly criticized the breadth of habeas corpus by posing a single question: Is innocence irrelevant? In his view habeas review that focused exclusively on questions of rights in …